Jason Beck of MLB.com reports that the Tigers have placed outfielder Delmon Young on the restricted list. Danny Worth has been recalled from Triple-A Toledo and will take his place on the active roster.

Young was arrested early Friday morning outside the team’s hotel in New York City after allegedly shoving a man to the ground and making anti-Semitic remarks. The 26-year-old was formally arraigned with a hate-crime harassment charge. He was held out of the Tigers’ starting lineup last night for the first game of a weekend series against the Yankees.

Young is hitting .242/.311/.333 with one home run, five RBI and a .644 OPS over his first 74 plate appearances this season. He is under contract for $6.75 million in 2012, but he won’t be paid while he’s on the restricted list.

UPDATE: Lynn Henning of the Detroit Newspasses along word that Young will remain on the restricted list until at least next week while legal issues are being sorted out. He also notes that because of language introduced after the John Rocker situation, Young’s contract could potentially be voided if a hate-crime did take place.

UPDATE II: Danny Knobler of CBSSports.com reports that Young will be paid while he’s on the restricted list.

John Rocker, a**hole that he was, did NOTHING criminal, but made disaparaging remarks some found insulting. Okay, many found insulting.

MLB suspended him for a month, fined him 20 grand (in 1999 dollars), and the Braves sent him to the minors, which Selig admitted was punishment.

And all that is done to Young is the Restricted List?

He (Young) was drunk, and assaulted someone (or so the tale is told) and then went on an anti-semitic tirade to the police.

Now, I think anything that says “hate crime” is a blatant violation of the 14th Amendment and is legal horsehockey, but I am talking about MLB’s punishment of this jackass. Which doesn’t seem to match up to precedent.

Restricted list means the Tigers won’t be paying him and can replace him on the roster. When more facts come out, they can decide if they are releasing him. The punishment, may or may not be over.

The rest of the comment is ????? 14th Amendment? Which part? Due process? Privileges and immunities clause? He’s an asshole, pure and simple. You have a right to be an asshole, but states can place enhanced penalties on people based upon the severity of the crime. If the crime is based upon actions which show racial or religious hatred – race and religion being protected classes – then enhanced penalties are proper. Just ask the Supreme Court.

The severity of the crime has lots to do with the victim and has for a good 100 years. Check any assault statutes, particularly the fed crimes, i.e. assault resulting in serious bodily injury v. simple assault or the state and federal domestic violence statutes.

And the issue on hate crimes was first written by Scalia, not Rehnquist, in R.A.V. v. City of St. Paul which referenced that “fighting words” are not protected speech. The ‘fighting words’ case is Chaplinsky v. New Hampshire – 315 U.S. 568 (1942) written by Justice Murphy. Rehnquist did write Wisconsin v. Mitchell – 508 U.S. 476 (1993) for a unanimous (9-0) court that enhancement based upon the victims race was proper.

I have no problem with this punishment. We should all remember that this is still a very young story, I don’t expect MLB to do anything until they find out all the details.

What Delmon did was awesome and it shows what a pathetic human being he really is. Hopefully he gets handed a worthy suspension and his previous history should be taken into consideration considering he seems like a bit of a loose cannon.

In the cases you cite, the victim’s status as a member of a protected political group has no bearing. Try again. And Rehnquist’s assertion that the 1964 CRA outlawing discrimination based on those groups can now be used to make protection unequal is pretty thin soup.

By the by, there are myriad Constitutional challenges because “hate crime” charges are not elements of the offense but are instead circumstances in extenuation and mitigation, which means that nobody has to prove them, it is up to the Judge. That is unlikely to stand a serious Constitutional ruling, as it violates the 6th AND 14th Amendments.

If “hate crime” is made an element of the offense, and must be proven beyond reasonable doubt by a jury of peers, it will vanish. Such arguments to attempt to prove a defendant’s thoughts won’t get far before the bench.

But hey. It isn’t like the Supreme Court rules on Constitutionality of legislation, or so I am told by Harvard Law grads.

Refs were an utter disgrace, on a good note, we can’t play any worse next game, come on Amare an Melo we need you guys.

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